Sea Shepherd seeks injunction to stop WA shark cull

Sea Shepherd and the mother of a shark attack victim are seeking a Supreme Court injunction to halt the cull of sharks off Western Australia's coast.

The State Government set baited hooks off metropolitan and South West beaches following a spate of fatal shark attacks in WA, which included victim Kyle Burden who was killed while boogie boarding near Bunker Bay in 2011.

Under the Government's policy, bull, tiger and great white sharks more than three metres in length caught on the hooks are shot dead and dumped at sea.

In a statement, Sea Shepherd says it has filed a joint application with Kyle's mother Sharon Burden for a judicial review of the decision and/or conduct of the State Government in relation to its shark mitigation program.

"Sea Shepherd Australia believes that the tender process was unlawful, that the WA state government has been acting unlawfully, that the taking and killing of protected animals was illegal," the statement said.

"The law contemplates some sort of process being in place to protect these protected animals and that process has been scotched."

Patrick Pearlman of the Environmental Defenders' Office says the proper processes may not have been followed.

"What's in dispute ultimately is whether or not the state has given itself a valid exemption from the provisions of the Fisheries legislation that make it an offence to take, possess, purchase or sell any of these species of protected fish.," he said.

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The Premier Colin Barnett says the government has followed the law and intends to continue with the policy.

"You know they can argue that point," he said.

"We are very confident that everything that has been done has been done properly.

Mr Barnett says it was not an easy decision to introduce the policy because nobody likes to see animals being killed.

He says he expected a legal challenge.

"I always thought that was likely and that's why we took great care both in terms of processes at a state level and a Commonwealth level and we are confident that that is done in the right way," he said.

"I understand and respect that people might oppose this policy but it is to protect beachgoers, surfers, beachgoers and it is to restore some balance I guess within the marine environment."

As of February 16, a total of 66 sharks had been caught in the first three weeks since the 'catch and kill' policy was introduced.

A total of 17 of those sharks were killed and another nine were found dead on the hooks, according to data provided by Fisheries Minister Ken Baston.

The hearing on whether an injunction should be granted will be held on Tuesday.